Research On The Prosecution Discretion

With the development of society and the increase of the number of cases,the contradiction between large number of cases and lack of Prosecutors is widespread.As a very important judicial power derived from the right of public prosecution,the prosecution discretion has attracted widespread attention from academia and practitioners.Under the influence of the doctrine of cheapness in prosecution,it has become the consensus of all countries to give prosecutors discretion in public prosecution.There are great differences and complementarities in the prosecution discretion between the two legal systems.Continental law countries gradually absorb the idea of cheap prosecution,enrich the content of the discretion of public prosecution,and have the trend of expansion.Compared with the civil law system,the public prosecution discretion in Anglo-American law system countries is almost unlimited and needs to be perfected to restrict and supervise.The design of public prosecution discretion should not be evaluated simply,as long as it is consistent with the legal environment,social needs and litigation value of the country,it should be appreciated.At present,the forms of public prosecution discretion in our country include relative non-prosecution,conditional non-prosecution,sentencing consultation,compulsory measure discretion and so on.As a major judicial reform,the leniency system of plea guilty and punishment has been written into the Criminal Procedure Law,which clarifies that prosecutors enjoy the power of sentencing consultation,enriches the manifestations of public prosecution discretion i n China,and is a useful exploration for improving the design of public prosecution discretion system.The prosecutor's full and proper exercise of the discretion of public prosecution is conducive to improving litigation efficiency,implementing criminal policy and realizing crime prevention.But at present,there are still some deficiencies in the system design of the discretion of public prosecution in our country: the relative non-prosecution needs to be improved in the applicable conditions and the rem edies of both parties,the non-penalty penalty measures are not set up,and the non-prosecuted also do not have a matching system of follow-up,teaching and inspection,which affects the application;the application scope of conditional non-prosecution is too narrow,the applicable conditions are ambiguous,and the attached conditions are not easy to operate.The logical relationship between non-prosecution and relative non-prosecution is still unclear;the leniency criterion of sentencing consultation has not been clearly defined,and the stage of criminal proceedings for confession of guilt and punishment has not been taken into account;at present,the non-custodial compulsory measures are not perfect,and the phenomenon of long-term custody is prone to appear in the discretion of compulsory measures.In addition,in practice,there are some deficiencies in the supporting mechanism of the exercise of public prosecution discretion,which affects the value of public prosecution discretion.Therefore,it is necessary to think about how to improve the four forms of public prosecution discretion at the normative level,and how to fully and correctly exercise public prosecution discretion at the practical level.